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The Bankruptcy Clinic accepts referrals from Legal Aid of Mid-New York of indigent individuals in need of bankruptcy relief. Students works with clients to obtain and analyze their personal and financial histories, prepare bankruptcy petitions and schedules, provide representation at the first meeting of creditors, and address any issues that arise in the case. The program has assisted dozens of individuals in obtaining a fresh financial start.
Students Can Expect
The class component will include basic training in consumer bankruptcy law, including a review of the state law judgment collection process, exemptions both in and out of bankruptcy, the Chapter 7 bankruptcy process, the means test and dismissal rules, exceptions to discharge, the scope and function of the discharge, reaffirmation, and an overview of the Chapter 13 process. The class component will focus on the applicable New York and federal bankruptcy statutes. In addition, the Clinic students will discuss the status of and issues that arise in their cases.
Clinic students will represent indigent individuals in need of bankruptcy protection. A bankruptcy client will be assigned to each clinic student. First year pro bono student volunteers will also assist the Clinic students as part of a team. The Clinic students and volunteers will work with the clients to obtain the information required by the Bankruptcy Code, organize the information, and prepare the petition and supporting bankruptcy schedules. Students will also represent the client at the official meeting of creditors, and will be responsible for addressing any issues that arise in the case.
Credits & Requirements
- 1 semester clinic
- 2 credits
- 1-2 hours per week time commitment
- Pre-/co-requisite: Professional Responsibility
Director, Bankruptcy Clinic and Professor of Law